Is A License To Travel Our Highways Needed?

[Wake-up!]

In Short, No.

There is a clear distinction between an automobile and a motor vehicle. An automobile has been defined as: "The word `automobile' connotes a pleasure vehicle designed for the transportation of persons on highways." (American Mutual Liability Ins. Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200)

While the distinction is made clear between the two as the courts have stated: "A motor vehicle or automobile for hire is a motor vehicle, other than an automobile stage, used for the transportation of persons for which remuneration is received." (International Motor Transit Co. vs. Seattle, 251 P. 120)

The distinction is made very clear in Title 18 USC 31:
"Motor vehicle" means every description or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, or passengers and property.
"Used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other considerations, or directly or indirectly in connection with any business, or other undertaking intended for profit.
Clearly, an automobile is private property in use for private purposes, while a motor vehicle is a machine which may be used upon the highways for trade, commerce, or hire.

SO, IF YOU ARE IN A CAR FOR PLEASURE, NOT COMMERCE, MOTOR VEHICLE LAWS TO NOT APPLY TO YOU.

The term "travel" is a significant term and is defined as: "The term `travel' and `traveler' are usually construed in their broad and general sense ... so as to include all those who rightfully use the highways viatically (when being reimbursed for expenses) and who have occasion to pass over them for the purpose of business, convenience, or pleasure." (25 Am.Jur. (1st) Highways, Sect.427, Pg. 717)

"Travel -- To journey or to pass through or over; as a country district, road, etc. To go from one place to another, whether on foot, or horseback, or in any conveyance as a train, an automobile, carriage, ship, or aircraft; Make a journey." (Century Dictionary, Pg. 2034)

Therefore, the term "travel" or "traveler" refers to one who uses a conveyance to go from one place to another, and included all those who use the highways as a matter of Right. Notice that in all these definitions, the phrase "for hire" never occurs. This term "travel" or "traveler" implies, by definition, one who uses the road as a means to move from one place to another.

SO, IF YOU ARE USING THE ROADS AND HIGHWAYS FOR OTHER THAN COMMERCE, YOU ARE TRAVELING, YOU ARE A TRAVELER.

The term "driver" in contradistinction to "traveler," is defined as: "Driver -- One employed in conducting a coach, carriage, wagon, or other vehicle ..." (Bovier's Law Dictionary, 1914 ed., Pg. 940)

Notice that this definition includes one who is "employed" in conducting a vehicle. It should be self-evident that this individual could not be "travelling" on a journey, but is using the road as a place of business.

Today we assume that a "traveler" is a "driver," and a "driver" is an "operator." However, this is not the case.
"It will be observed from the language of the ordinance that a distinction is to be drawn between the terms `operator' and `driver'; the `operator' of the service car being the person who is licensed to have the car on the streets in the business of carrying passengers for hire; while the `driver' is the one who actually drives the car. However, in the actual prosecution of business, it was possible for the same person to be both "operator" and "driver." (Newbill vs. Union Indemnity Co., 60 SE.2d 658)

To further clarify the definition of an "operator" the court observed that this was a vehicle "for hire" and that it was in the business of carrying passengers. This definition would seem to describe a person who is using the road as a place of business, or in other words, a person engaged in the "privilege" of using the road for gain.

IF YOU ARE USING THE PUBLIC ROADS FOR BUSINESS OR PROFIT, YOU ARE A DRIVER OR AN OPERATOR, OR BOTH.

The States issue licenses for Drivers and Operators. That is because the use of public roads for commerce is a privilege. The State CANNOT issue licenses for Travelers since traveling the public roads is a right.

WHICH ARE YOU? If you are a Traveler, why are using subjecting yourself to license and insurance fees?

The following links to a legal brief that provides additional details, and claims to have been successfully used to have all charges relative to traveling dismissed;

http://www.lawfulpath.com/ref/DLbrief.shtml

It is a long read, with some of the usual weird, legalese language.